Do I need a lawyer for child support hearing

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Old Dec 27th, 2009, 10:44 PM   #1
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Question Do I need a lawyer for child support hearing

I have been divorced for a year and a half, my ex husband got a new job, and never contacted attorney general to have his child support raised. When we were divorced the judge told him exact words "You are under-employed and when you find another job get in here and have your child support raised without hesitiaion". Needless to say he never did that. I contacted the attorney general myself and they sent me a letter saying he was NOT paying enough. We have been to court for child support 3 times and now have a final hearing in Feb. He can afford and an attorney but says he cant afford to pay me anymore than he is now. His attorney sent me papers Rule 194 request for disclosure, Request for production, set of written Interrogatories and Request for admissions. When we first went to the ch. support office back in July they said he was suppose to be paying $697, he was paying $435 a month until the judge gave me a temporary order of $525. Only thing good I can say is he has always paid and never missed a payment. I can not afford an attorney. i have two children 10yr old and a 5yr old, I live in Texas, and have no family. Do I really need an attorney? I have looked on the internet for legal aide and called several people and keep getting the run around. Do attorneys really do pro bono? Please help. I make $10 and hour and do not qualify for any assistance.
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Old Dec 27th, 2009, 11:36 PM   #2
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Default Re: Do I need a lawyer for child support hearing

You don't need an attorney to attend a child support modification hearing. The onus is on your ex husband to produce financial records in keeping with his ability to pay child support. It will be either raised or lowered without any need of input from you.

You can seek legal counsel, however, if you feel you need to. There are usually local Legal Aid offices for people living below a certain income level, or, for $10.00 you can go to the "Ask an attorney" section on this website for review of your case and legal advice.
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Old Dec 28th, 2009, 12:01 AM   #3
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Default Re: Do I need a lawyer for child support hearing

but his attorney is asking for my bank statements, pay stubs and his attorney gave me all those papers asking if i admit or deny to questions, saying i have 30 days to return it to his attorney and if i dont then it means i admit to everything, also about expert witnesses. I just don't want to go unprerpaired. but yet make a statement showing i cant afford an attorney and he can.
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Old Dec 28th, 2009, 02:34 AM   #4
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Default Re: Do I need a lawyer for child support hearing

you have to check your atate laws, but i do not htink that you should have a lawyer. They are probably asking for your income to configure how much he should be paying. im my state tennessee they look at both parents income under a parenting guidline and the other parent is expected to pay irreguardless of their financial issues. and as far as the judge verbally saying that he should go and get his payments increased when he gets more money that will not make a difference if it was not put into a judges orders. now what you may be able to do is take anyother expences such as daycare, sports, medical ...et to court with you on your next hearing or any other time that you are paying out more money with your children and ask for an increase. also if you ever hae to go and request coourt dates you may ask for an indigent form to prevent from paying the filing fees. that has helped me out before. I would not send his lawyer anything nor reapond unless it was sent by certified mail. just have it with you in court because it may be helpful to you..again things are different in different states
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Old Dec 29th, 2009, 02:08 AM   #5
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Default Re: Do I need a lawyer for child support hearing

Holy illiterate. What a barely decipherable post.
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Old Jan 1st, 2010, 07:38 PM   #6
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Default Re: Do I need a lawyer for child support hearing

hahaha.....#5....your right
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